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- Exam Name: Financial Planning II (FPII)
- 60 Questions
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Kimberly, age 24, has few assets, and is single with no children. Kimberly has a 10-year-old niece Tanya who she would like her entire estate to be distributed to at death. She consults with her lawyer Jackie to write a will. What is the most important clause Jackie should add in Kimberly's will?
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D
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Explanation
A discretionary encroachment clause is particularly important because Tanya is only 10 years old and may inherit Kimberly's estate while still a minor. Rather than requiring the estate property simply to remain untouched until Tanya reaches the stipulated distribution age, an encroachment provision permits the trustee to use trust capital for Tanya's benefit when appropriate. The clause can authorize payments for matters such as education, health care, maintenance, accommodation, and general welfare. Estate-planning guidance concerning trusts for minors commonly provides trustees with authority to encroach upon income and capital for the minor's benefit before final distribution. Option B is not the appropriate solution because Kimberly is Tanya's aunt. A will-maker's nomination of a guardian generally concerns the will-maker's own minor children and does not allow an aunt simply to replace the legal decision-making authority of Tanya's parents. Trustee investment and administrative powers in option A are useful provisions, but they do not specifically address the beneficiary's need to access inheritance funds during minority. Funeral and debt-payment provisions likewise do not solve that central issue. The discretionary encroachment clause therefore gives the estate trustee the flexibility necessary to provide appropriately for Tanya before she reaches the age for outright distribution. FPII reference/topic: Estate Planning — wills; minor beneficiaries; testamentary trusts; trustee discretion; encroachment on capital. =============== |
The Spousal Support Advisory Guidelines are not intended to apply under which circumstance?
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D
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Explanation
The Spousal Support Advisory Guidelines establish a ceiling of $350,000 of gross annual payor income for the routine application of their formulas. Above that level, the formulas are not intended to be applied mechanically. Justice Canada's SSAG materials explain that the ceiling and floor identify the income range for the “typical” cases in which the formulas can reliably generate support ranges. Once the payor's gross income exceeds $350,000, support must be assessed more individually; the $350,000 figure is not an absolute cap on support. A court may still award higher support after examining the parties' circumstances. The Guidelines are relevant to married spouses and may also be used for unmarried spouses where the applicable provincial or territorial family-law legislation recognizes a spousal-support entitlement. Thus, options A and C do not identify the intended limitation. Option B is also incorrect. Income below $50,000 does not automatically put a case outside the Guidelines. The SSAG contain a separate lower-income “floor,” historically set materially below $50,000, together with special considerations for lower-income payors. Therefore, the high-income ceiling in option D is the circumstance identified by the FPII framework. FPII reference/topic: Family Law — spousal support; Spousal Support Advisory Guidelines; ceilings and floors; high-income cases. =============== |
What is the tax treatment on disability assistance payments for Registered Disability Savings Plans?
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A
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Explanation
A Disability Assistance Payment from an RDSP contains both potentially taxable and non-taxable components. The beneficiary's own private contributions were made with after-tax funds and are therefore not taxed again when returned. However, the portion of a payment representing Canada Disability Savings Grants, Canada Disability Savings Bonds, investment income earned within the plan, and specified rollover proceeds is included in the beneficiary's income when paid from the RDSP. CRA confirms this treatment expressly. Option A is therefore the best available answer. Its reference to the “grant and income earned portions” captures the central distinction tested by the question, although the complete current rule also encompasses bonds and taxable rollover amounts. Option B is incorrect because the entire withdrawal is not taxable; the portion attributable to private contributions is returned tax-free. Option C incorrectly treats all withdrawals as tax-free. Option D is also inaccurate as a general tax characterization. CRA specifically provides that the taxable RDSP portion is excluded from income when calculating several federal income-tested benefits and credits. The RDSP therefore combines non-deductible contributions with tax-deferred investment growth and government assistance, with taxable amounts recognized when qualifying payments are made. FPII reference/topic: Investment and Tax Planning — RDSPs; Disability Assistance Payments; grants, bonds and investment income; taxation of withdrawals. =============== |
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